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<h1><a href="https://archiveofourown.org/works/29223156">Eleventh Hour</a> by <a class='authorlink' href='https://archiveofourown.org/users/pillar_of_salt/pseuds/pillar_of_salt'>pillar_of_salt</a></h1>

<table class="full">

<tr><td><b>Category:</b></td><td>Madam Secretary</td></tr>

<tr><td><b>Genre:</b></td><td>Angst, F/M, pre-canon AU</td></tr>

<tr><td><b>Language:</b></td><td>English</td></tr>

<tr><td><b>Status:</b></td><td>Completed</td></tr>

<tr><td><b>Published:</b></td><td>2021-02-05</td></tr>

<tr><td><b>Updated:</b></td><td>2021-02-05</td></tr>

<tr><td><b>Packaged:</b></td><td>2021-05-13 07:55:18</td></tr>

<tr><td><b>Rating:</b></td><td>Teen And Up Audiences</td></tr>

<tr><td><b>Warnings:</b></td><td>No Archive Warnings Apply</td></tr>

<tr><td><b>Chapters:</b></td><td>1</td></tr>

<tr><td><b>Words:</b></td><td>3,036</td></tr>

<tr><td><b>Publisher:</b></td><td>archiveofourown.org</td></tr>

<tr><td><b>Story URL:</b></td><td>https://archiveofourown.org/works/29223156</td></tr>

<tr><td><b>Author URL:</b></td><td>https://archiveofourown.org/users/pillar_of_salt/pseuds/pillar_of_salt</td></tr>

<tr><td><b>Summary:</b></td><td><div class="userstuff">
              <p>Henry’s divorce attorney comes recommended by a buddy in his regiment. Her name is Nadine Tolliver.</p>
            </div></td></tr>

<tr><td><b>Relationships:</b></td><td>Elizabeth McCord/Henry McCord</td></tr>

<tr><td><b>Comments:</b></td><td>6</td></tr>

<tr><td><b>Kudos:</b></td><td>14</td></tr>

</table>

<a name="section0001"><h2>Eleventh Hour</h2></a>
<div class="story"><div class="userstuff module">
    
    <p>Henry's divorce attorney comes recommended by a buddy in his regiment. Her name is Nadine Tolliver.</p><p>"Don't let her scare you off," his buddy Jeff advises. "Nadine's the best there is. She'll make sure Elizabeth doesn't screw you over."</p><p>Henry is pretty sure it's the lawyers who screw everyone <em>else</em> over, but he keeps that observation to himself. Not like he has much to be screwed out of, anyway.</p><p>He makes a consultation appointment.</p><p>Nadine Tolliver is just a slip of a person behind a massive desk, and Henry sits in front of her in his service uniform (he's headed straight to work from here, so the attire couldn't be helped), and he feels quite small, actually, under her scrutiny. Nadine appraises him with a critical eye. The silence goes on until it begins to feel stifling.</p><p>Finally she says, "Can you even afford me, Captain McCord?"</p><p>
  <em>Don't let her scare you off.</em>
</p><p>"Yes," Henry says firmly.</p><p>She smiles tightly then, and nods. "Then I look forward to working with you. My assistant will set you up with the paperwork."</p><p>Henry stands up, feeling a wave of relief wash over him. First hurdle, cleared. "Thank you."</p><p>"And Captain?"</p><p>"Yes?"</p><p>A flicker of something passes over her face that, to Henry, looks uncomfortably close to pity. "Thank you for your service," she says softly.</p><p>His service. That's what got them into this mess, isn't it?</p><p>/</p><p>Nadine is austere but efficient. Henry can't say that he likes her, exactly, but she certainly knows how to get the job done.</p><p>She sure as hell better, with how much he's paying her.</p><p>Nadine's retainer fee alone costs him an arm and a leg. The only reason he knows he can clear the cost is because he and Elizabeth had never gotten the pre-nup she should have—so it'll be Elizabeth's inheritance picking up his tab, after all is said and done.</p><p>His answer to Nadine's question should have been no. He can't <em>really</em> afford her. Not on his own.</p><p>She barely bats an eye though; just reviews his joint finances and "We can work with that," is all she says.</p><p>The first rule she makes for him is that Henry is no longer permitted to see his wife unless both lawyers are present in the room.</p><p>This surprises him, though later he won't know why. "Is that really necessary?"</p><p>"Will this be a problem?" She raises one eyebrow.</p><p>"No, but..."</p><p>"You'd be surprised," she says, "how often divorce proceedings will inspire reconciliation. The best way to avoid that outcome is to preempt the opportunity."</p><p>"Do you not think that reconciliation would generally be the most ideal outcome?"</p><p>She pauses. "Captain McCord, if—"</p><p>"Henry," he says, cutting her off. "You're digging through my personal life, dissolving my marriage—I think you can call me Henry."</p><p>"Henry," she amends. "If that's the outcome you're hoping for, there are much cheaper ways to go about it than divorce. I assure you that a marriage counselor costs far less than a lawyer." She studies him. "Is that what you want? To reconcile with your wife?"</p><p>"No, no," he says quickly. "We've already tried that. Multiple times."</p><p>"All right, then. So like I said... no secret meetings. We need to do everything we can to make sure we're being careful here, you understand."</p><p>"Okay."</p><p>"No eleventh hour slip-ups."</p><p>"Understood."</p><p>"Good." She peers at him. "For what it's worth, I think you're making the right decision, Henry. There are worse things than divorce."</p><p>Of course she'd think that. Divorce is what lines her pockets (her very expensive suit pockets) and puts food on her table.</p><p>Henry holds his tongue about that, though.</p><p>/</p><p>Their next meeting happens with Henry and Nadine on one side of a mahogany table and Elizabeth and her lawyer on the other.</p><p>Elizabeth's lawyer is a slimy son of a bitch who goes by the name Mike B. Henry is pretty sure Elizabeth pulled him from one of the innermost circles of hell. Mike says the B is for Barnow, but it could stand for Bastard as far as Henry is concerned.</p><p>And Nadine seems to know him well. Seems to loathe him an almost pathological amount. Though she is normally the epitome of professionalism, even this doesn't seem to be enough to mask her all-consuming dislike of Mike Barnow. Points for her, in Henry's book.</p><p>"I already hate that guy," Henry grumbles to her after they leave.</p><p>"He's an awfully unpleasant man," Nadine agrees. And then adds, begrudgingly, "But a fantastic lawyer. Your wife must be well-connected if she was able to get him to represent her."</p><p>"Must be," he says vaguely.</p><p>"She's in good hands with him. If you care about that."</p><p>"I... I do." He may not want to be married to Elizabeth any longer, but that doesn't mean he'll ever stop worrying about her well-being.</p><p>"I'm better, though," Nadine assures him. "You have nothing to worry about."</p><p>"I wasn't worried, but thank you."</p><p>"Okay."</p><p>"If I'm concerned about anything, it's how I'm going to keep myself from punching him in the face the next time we see him."</p><p>She nods. "I understand. Do try your best to refrain, though. He'd sue you out of house and home and win."</p><p>/</p><p>One thing they can all agree on—maybe the only thing—is avoiding a court hearing. Whatever cold comfort that brings. He and Elizabeth have no children (though not for lack of trying) and short of that, there just isn't much else Henry would want to fight that hard for. Certainly nothing he'd be willing to go to court for. And Elizabeth seems to agree.</p><p>But even so, she just drags her feet right on through the entire process, as if she isn't <em>itching</em> to be free of him, too. Henry knows she's only doing it so she can say later that she put up a fight, that she didn't just let this <em>happen</em> to her. She wants to be the one who tried, while he's the one who gave up on them. But she isn't happy with him and Henry knows it. She doesn't want to be married to him any more than he wants to be married to her.</p><p>"The final papers will be drawn up tomorrow," Nadine says crisply. "I'll have a copy couriered to your office for your review, though I don't anticipate any further changes."</p><p>Mike nods along, for once not feeling the irrepressible urge to quip back.</p><p>"We'll meet again this time next week to sign and file."</p><p>"Fine," he says. "My client and I will be there. If that's all..." Mike flips his portfolio shut and stands. Elizabeth does too, stony-faced. They leave, and after Henry debriefs with Nadine, he does too.</p><p>As he makes his way down the hall, he sees Mike standing at the other end by the elevator bank, alone. No sign of Elizabeth.</p><p>And then a hand shoots out from the side and grabs Henry's sleeve, yanking him into an alcove. Suddenly he's face to face with his wife, who looks extremely pissed off. He could take a wild guess as to why.</p><p>They're standing by the bathrooms, which on this area of the floor are all single-occupancy. Elizabeth drags him into one now. She flips on the light and locks the door, then whips around to face him.</p><p>"Are you happy with yourself, Henry?" she hisses angrily. "Are you doing enough damage?"</p><p>"You know this was a long time coming."</p><p>"I thought we would work through it. That you'd fight harder for us."</p><p>"What is there left to fight for? You're so unhappy, Elizabeth! Surely this isn't the future you envisioned for yourself."</p><p>"The future I wanted includes a great many things I'll never get to have," she says tersely. "I've learned to settle instead."</p><p>"Well. Now you can learn to settle on something else. Because this certainly isn't the future I wanted."</p><p>"And that's what it always comes down to, right? What <em>you</em> want. To hell with everybody else."</p><p>Henry frowns, feeling bewildered. "Elizabeth, that's not— You don't want this marriage any more than I do! Why are you fighting this so hard?"</p><p>"Why are you pushing so hard? The Catholic Church doesn't even believe in divorce!"</p><p>"That's because the Catholic Church has never been married to <em>you</em>."</p><p>Elizabeth blinks. "Wow."</p><p>"That... that was over the line." He sighs and scrubs a hand over his face. "I'm sorry."</p><p>"<em>I'm</em> sorry that I can't be the perfect wife you wanted," she says, "but I did try. You never gave me an inch. You're so hard on people, Henry! Not everyone can live up to the impossible standards of Saint McCord!"</p><p>"I didn't need you to be perfect," he says, and even the words sound worn. They've had this argument so many times and he knows it intimately. They'll breathe some life into it one more time, it seems. "I needed you to be <em>there</em>. You couldn't even do that. If anyone gave up on this marriage first, it was you."</p><p>"Says the man who deployed before the ink dried on our marriage certificate." This is part of the argument, too.</p><p>"That's not at all the same and you know it," he says. "Elizabeth, do we really need to do this here?"</p><p>"Apparently we do, because you refuse to see me anywhere outside of this office."</p><p>"My lawyer doesn't think it's a good idea."</p><p>"Ah, yes," Elizabeth sneers, "<em>Ms</em>.Tolliver."</p><p>Nadine isn't married. She doesn't wear a ring, doesn't have a tan line on her finger where one might normally sit, and doesn't like it when people address her the wrong way—"Mrs. Tolliver," Elizabeth had called her the first time. "It's <em>Ms</em>.," Nadine had corrected.</p><p>Elizabeth hasn't bothered to hide how much she despises his lawyer, and it borders on unprofessional. Henry, at least, has made concerted efforts to be civil toward Mike B.</p><p>Well. Henry has made efforts not to deck him on sight.</p><p>"And I'm sure your lawyer would agree," he adds pointedly.</p><p>"<em>I</em> don't agree!" Elizabeth says. "We're husband and wife, not felons in a prison yard. We shouldn't require chaperones just to talk to one another."</p><p>"Right, because <em>this</em> non-chaperoned excursion is going so well."</p><p>She narrows her eyes. "Sarcasm isn't a good look on you, Henry."</p><p>"What do you want me to say here?"</p><p>"That you care!" She sounds furious. "That you think we're making the wrong decision, that... that you..." she sputters out, losing steam.</p><p>"We aren't, and I don't," Henry says. "This is the right decision. Maybe you're putting up a fight because you think that's what you need to do, but... you know this is the right thing. Deep down, you know."</p><p>"We could try—"</p><p>"We've <em>tried</em>, Elizabeth. We've tried everything. We aren't... we aren't good for each other."</p><p>"Marriage is supposed to be hard," she says waveringly. He knows she'll hate herself, later, for sounding weak.</p><p>He shakes his head. "Not this hard."</p><p>"But you still... you still love me, I can tell. I know you do."</p><p>"Of <em>course</em> I love you, Elizabeth!" He tamps down on his frustration. Love was never their problem—everything else was. "That was never a question."</p><p>"Then..."</p><p>"You can't build a marriage on love alone," he says. His eyes rove her face searchingly, drinking her in without shame. "That's why you and I are having this conversation in the bathroom of a law firm."</p><p>She sighs, slumping back against the door. "You're the only person who can hurt me like this, you know," she says quietly. "I love you, too." She looks shattered; exhausted. Resigned.</p><p>Henry would be lying if he said she isn't breaking his goddamn heart.</p><p>"Come here." He opens his arms and she steps into him, allows him to wrap her in a hug. He thinks about how long it's been since they've been this close. When was the last time they touched each other?</p><p>She shifts in his arms. And then she's tilting her head up, looking at him.</p><p>"Elizabeth," he says warningly. But then she's lifting up on her toes and kissing him. He lets her, knowing he shouldn't, knowing it's wrong. Knowing it'll make everything else more difficult.</p><p>There's his eleventh hour mistake.</p><p>He pins her against the door and kisses her back.</p><p>/</p><p>Elizabeth leaves first. He's still zipping up his pants when she slips out of the bathroom without so much as a parting word, but that's fine. There isn't much left to say, anyway. Henry gives it a few minutes before he makes his exit as well.</p><p>When he emerges from the alcove, Nadine is standing in the doorway of her office with her arms crossed, watching him. She looks wholly unimpressed.</p><p>Henry trudges toward her like a kicked puppy.</p><p>Nadine sighs. "You were doing so well up until now."</p><p>"I know."</p><p>"What did you say to her?"</p><p>"...Just old arguments. That's all."</p><p>"That's all, huh?"</p><p>Henry ignores both her pointed question and the sarcasm in it. He'd bet his rank that Nadine knows what they <em>really</em> did in there. He'd bet she's seen it before.</p><p>He shifts the subject instead. "She... she keeps saying she wants to work things out."</p><p>"If that were really true, Mike B would be stonewalling us to high heaven. And we wouldn't be finalizing the paperwork tomorrow."</p><p>"So she's just..."</p><p>"Sad," Nadine suggests. "Or manipulating you."</p><p>"You think?"</p><p>She shrugs. "She's <em>your</em> wife, Henry. You'd know better than I do."</p><p>"...Right."</p><p>"I did warn you to be careful around her."</p><p>"Yeah," he says tiredly. "You did."</p><p>/</p><p>Nadine walks him through the finalized document, and Henry signs and initials on every line she's marked. When he's done, they pass it across the table.</p><p>When he meets Elizabeth's eyes, she makes one last plea. "Henry, is this <em>really</em> what you want? We didn't... we could try counseling again." Too little too late, like always.</p><p>Story of their life these days.</p><p>"Please don't address my client directly," Nadine says, saving Henry from having to respond. She sounds bored. Probably she wants to get Henry through this meeting as fast as possible so she can move on with the rest of her day. Probably she has at least three more marriages to dissolve before she can go home tonight.</p><p>"I can address him if I want," Elizabeth snaps back. "He's my husband."</p><p>Nadine peers at her over the tops of her glasses. "If only for the next few minutes," she says softly.</p><p>That sets Elizabeth's jaw in a hard line.</p><p>"Nadine, let's back off, huh?" Mike says irritatedly. He nudges the paperwork in front of Elizabeth. "It's still up to you," he says, though he's holding a pen in front of her face. The logo <em>Marsh, Tolliver &amp; Associates</em> is stamped along its body in tiny white letters.</p><p>Henry knows that Mike is worried that the longer they keep fighting, the more ground he'll keep losing on Elizabeth's behalf. He's a good lawyer but Nadine has been running circles around him from the outset, stringing up all of Elizabeth's assets as she went. Henry almost feels bad about it.</p><p>Almost.</p><p>"Come on, Liz," Henry says tiredly. The diminutive comes out accidentally. He doesn't call her that anymore, and hasn't called her that in a long time. But he's exhausted—it's gone on long enough and he just wants it to be over. He wants to go home tonight knowing he's been freed of his strings.</p><p>Elizabeth takes the pen. "Fine. Since you want this so bad."</p><p>He knows she's just trying to goad him into another fight, and he won't indulge it.</p><p>Elizabeth lays down her first signature on the first page. Mike flips to the next flag. Henry finds himself holding his breath as she initials, signs, initials, initials again.</p><p>When she finishes, Mike slaps the whole thing down in the middle of the table and tosses the pen after it. "I now pronounce you ex-husband and ex-wife," he declares. "Congratulations. Enjoy your freedom. We're done here."</p><p>Henry blows out a big breath, feeling lighter already. Across the table, Elizabeth's face is impassive.</p><p>Henry turns toward Nadine. "Thank you," he says earnestly.</p><p>"I'm sure you won't be saying that when you receive the bill," she says lightly, "but you're very welcome. I'll have this filed today."</p><p>Henry stands and gathers his things, glancing up briefly. He observes as Elizabeth says something quietly to Mike and hugs him. Then she's out the door the next second.</p><p>Nadine can see him hesitating. "Don't go after her," she warns.</p><p>"I know," he says, though he was considering it.</p><p>"She's not your responsibility anymore," Nadine reminds him.</p><p>"I <em>know</em> that," he says.</p><p>"You've... mostly made good decisions thus far," she goes on. "I'd hate to see you stop now—"</p><p>He gives her a sharp look, exasperated. "Nadine, I appreciate your concern, but I've got it from here."</p><p>"Sure," she says easily. "But you're already being billed for this hour and still have"—she glances at her watch— "ten minutes of my advice left on the clock."</p><p>"You can keep the change."</p><p>She smirks and pats his arm. "Suit yourself. Just... don't wait with her at the elevator. Take the stairs down."</p><p>"Noted."</p><p>"And take care of yourself, Henry. Hopefully we never see each other again, hm?"</p><p>He chuckles, and leans down to hug her. "Hopefully. I don't think I could afford to hire you a second time, anyway."</p><p>Mike Barnow hangs back as Henry slips out of the room. As the door closes, Henry hears him ask, "So can I take you out to lunch?"</p><p>"My answer hasn't changed since the last three times you've asked, Mike. No."</p><p>"...Dinner?"</p><p>/</p><p>Henry is cooking dinner in his apartment when the phone rings, so he turns the burner to low and wipes his hands on a towel before reaching for the landline.</p><p>"Hello?"</p><p>"Henry. It's... it's Elizabeth."</p><p>"Oh. Hi," he says, surprised. They haven't spoken since signing their divorce papers—over a month ago, now. He'd just gotten word from Nadine that it'd been finalized this week.</p><p>"How have you been?"</p><p>"I'm well, thanks. And you?"</p><p>"Fine, fine. Um..."</p><p>"Whats up?"</p><p>Through the line, she swallows audibly.</p><p>"Elizabeth?"</p><p>"...I'm pregnant."</p>
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